Ali Akbar v. State of Kerala

Supreme Court of India · 26 Oct 2018 · 2018 INSC 1000
Kurian Joseph; A. M. Khanwilkar
CIVIL APPEAL NO(S). 10786-10787 OF 2018
property appeal_allowed Significant

AI Summary

The Supreme Court held that a High Court remand for land acquisition compensation must be open, allowing both parties to present evidence and contentions afresh before the Reference Court, which shall decide independently.

Full Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 10786-10787 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOs. 24300-24301 OF 2016]
ALI AKBAR ETC. Appellant (s)
VERSUS
STATE OF KERALA AND ORS. ETC. Respondent(s)
WITH
CIVIL APPEAL NO(S). 10788-10796 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOs. 26454-26462 OF 2016]
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellants are before this Court, aggrieved by the remand made by the High Court to the Reference Court, as per the impugned Judgment, for fixation of compensation in respect of the lands acquired from the appellants.

3. We have heard Mr. V. Giri, learned senior counsel appearing for the appellants and Mr. Aman Lekhi, learned Additional Solicitor General appearing for the Requisitioning Authority and Mr. C. K. Sasi, learned counsel appearing for the State.

4. With consent of both the parties, these appeals are disposed of as follows:- 2018 INSC 1000

(i) The remand will be treated as open remand.

(ii) It will be open to both the parties to adduce evidence before the Reference Court.

(iii) It will be open to both the sides to take all available contentions before the Reference Court.

(iv) Needless to say that the Reference will be answered without being influenced by any of the observations and findings in the impugned order ........................ J. [ KURIAN JOSEPH ] ....................... J. [ A.M. KHANWILKAR ] New Delhi; October 26, 2018.